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Kiran Mascarenhas   07 March 2021

family matter

I got married in 2016 that time I was staying in my matrimonial house.....house owned by my brother in law...but all loan cleared by my husband...house is on brother in law's name.
after my marriage ....after 20 days my mother in law told me to leave that house..me and my husband came out of the house and started staying in small house of husband ...it is verry small.....but now I delivered a baby boy this small house is not sufficient....now I want to go to my matrimonial house...but my mother in law is not allowing me to enter in that house......what remedies are their for me....??? plz tell me any legal remedies to enter in my matrimonial house...


Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 March 2021

1. Children /Spouses, legally do NOT derive any right to claim residing rights in Parents /In-Law's house, as a matter of right. This has been upheld in SC judgments.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com
 

Kiran Mascarenhas   07 March 2021

but 15 Oct 2020 supreme court has pass the order that.... daughter in law can stay in her matrimonial house....even if that house is belongs to her mother in law and Father in law.....or if there is no shar of her husband still she can stay in that house.????

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 March 2021

Originally posted by : Kiran Mascarenhas
but 15 Oct 2020 supreme court has pass the order that.... daughter in law can stay in her matrimonial house....even if that house is belongs to her mother in law and Father in law.....or if there is no shar of her husband still she can stay in that house.????

 

There is no such clause in the Judgment, as you mentioned.
Re-Read the judgment, once again, this time more S-L-O-W-L-Y.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com
 

Kevin Moses Paul   10 March 2021

As per your query there are few concepts of you need to take a look at. Basically, a daughter-in-law of the family does not have any right to the self-acquired property of the in-laws.

A married woman is a member of the Hindu Undivided Family (HUF) but not a coparcener. She has a right to the share of the property which her husband has acquired in the HUF property.
If the husband has decided to live separately, then the wife cannot claim rights over the property.

However, under the Domestic Violence Act, the daughter-in-law has a right of residence in the house whether is owned by her in-laws or not and even if her husband does not have any ownership rights in the house.
Moreover, this right continues to exist until the marriage is not dissolved.

Hope It Helps

Regards
Kevin M. Paul

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